LAW AND POLITICS
BY LLOYD NOEL
The Constitution
that was handed to us by England in 1974, and which signalled
the beginning of our Independence thirty-two years ago - makes
provision for upholding the dignity of human values, because we,
as a people, affirmed that we believed that all men/women are
endowed by the Creator with equal and inalienable rights, reason,
and conscience. The same Constitution also provides for the protection
in Grenada of fundamental rights and freedoms, because we respect
the rule of law, and must all be subject to the protection of
the law.
The fact that
any number of persons among us, have committed Criminal Offences,
and have been charged, tried, and convicted for those offences
- and have been sentenced to serve time in Prison as punishment
for their wrong-doing - that does not mean they cease to be members
of the Society and thus all their rights are forfeited. Against
that backdrop, an SRO (Statutory Rules and Order) was published
in the Government Gazette of the 2nd February, 2006, to take effect
from the said date.
That SRO No.
9 purported to amend the Prison Rules, and was entitled "Prison
(Amendment) Rules 2006", and was signed by "Keith
Mitchell - as the Minister responsible for Prisons". The
Amendment simply said ..... "Rules 303, 304, 305 and 306
of the Prisons Rules Cap. 254 are hereby repealed", and
the commencement date was stated as 2nd February, 2006. I did
not see the said Gazette until Monday 13th February, and in a
Radio programme on Tuesday 14th February on WE FM, I commented
on the said Amendment as being prejudicially motivated against
the Grenada Seventeen at Richmond Hill Prison, on the one hand,
and grossly unfair and unreasonable, and a serious denial of the
Constitutional rights and freedoms of the entire Prison population
of over Three Hundred persons, on the other hand.
On Wednesday
15th February my friend and colleague, outspoken Anselm Clouden
held a Press Conference - and he too criticised the Prison Rules
Amendment by the Minister responsible for Prisons. Then on Thursday
night GBN News I heard the end of a news release, in which Mr.
Hugh Wildman was saying something about the fuss over the Prison
Rules Amendment was much ado about nothing. He seemed to be also
saying that the said Amendment was itself also repealed by the
Minister - I did not hear the reason for the abrupt turn-around.
No reasons
were given for the quite unexpected initial Amendment of the said
Rules - but I got the impression from Mr. Wildman's statement,
that the original reasons had been satisfied hence the abrupt
repeal of the initial Amendment. As a very senior and experienced
Lawyer pointed out to me, the day after Mr. Wildman's explanation,
it is a great pity that the Prime Minister is served by the obviously
low standard of advice he receives from the Advisors he has around
him.
I have not
as yet seen the second repeal, to discover if there is a reason
for its just as abrupt publication - but whatever it maybe, at
least some measure of common sense and belatedly justifiable reasoning
did prevail, and that is a good sign. So many times in these little
Isles of ours, actions are taken and decisions made by those in
Authority - that affect people's lives and their welfare,
as well as the image and well-being of our country.
As those who
act and decide look back at their rationale for so doing, as well
as the responses and reaction of those they are responsible for
serving and satisfying - they can surely judge better whether
or not their actions and decisions were justified in all the prevailing
circumstances. And if, instead of putting up the usually very
spontaneous defences, to every means of complaint or criticism,
they stop and reflect on the actions taken or decisions made,
as in the Prison Rules Amendment situation, we could truly begin
to cultivate a climate of reason and understanding - that will
surely serve us all so very well for the uncertain times that
lay ahead.
Because make
no mistake about it - as the times get harder and the pressure
rises on all fronts, people will respond and react in unusual
ways, and the powers-that-be will be pushed into taking drastic
measures to curb or curtail certain reactions, and mistakes will
be made that can prove to be very detrimental to us as a people.
In the same
context of wise public relations, for the good and welfare of
the people as a whole - is the whole concept of sharing and explaining,
up front and in an honest and straight forward manner. If all
you start off doing is brambling, and making excuses, and putting
up smokescreens when none is required, and generally trying to
paint pictures with water paint when rain is falling - then you
would have to keep on doing all the above while getting nowhere
very fast.
Take the same
Prison Rules fiasco, that obviously had a sinister motive embedded
therein - hence the embarrassment. The crime situation is getting
much worse with every other brutal killing. Many people in the
know are saying, that the type of crimes and the methods being
used are not of the usual pattern in these Isles. In the southern
part of Grenada, where our tourists and the U.S. Medical Students
are based - the bravery and the openly arrogant manner of those
accosting and robbing our visitors, are becoming more alarming
every day.
So if those
in authority had said, that they wanted to send a stronger and
more drastic message to potential criminals - by amending the
said Prison Rules to take away the Remission, or reduce it to
let a year be a calendar year or ten months or so, from the 2nd
February for certain types of crimes - then not many, if any,
persons would have put up any resistance.
Because I
am again sounding the warning bells - especially as we have yet
another short breathing space, before (CSM) Caribbean Single Market
and its (partially for the time been) freedom of movement of people
take root. We can see and read about what is happening in Trinidad
and Jamaica - as far as violent crimes are concerned, and how
hopeless the situation appears now, because those in control never
took the bull by the horns at the appropriate time and turn it
around - so the old adage should not be frowned upon, which said
.... "when your neighbour's house is on fire, start
wetting yours before it becomes too late".
On another
front, which is already very hot todate, but is destined as night
follows day to become hotter with the passing months - is the
whole question concerning the preparedness, as well as the economic
wisdom of those in authority, for the planned 2007 Cricket World
Cup in the Caribbean. Since early last year, a Mr. Hosein from
Trinidad and Tobago wrote some very fact-filled articles of what
exactly were needed to make the World Cup in the Caribbean a reality.
I took serious notes of the matters he raised and commented on
them. The way the picture is unfolding now-a-days, someone who
was not familiar with the history and happenings surrounding the
World Cup event, would mistakenly believe that the problems and
concerns now raising their ugly heads only cropped up in 2006.
That is so
very wrong and so misleading, it borders on criminal perjury.
We all know, from many years of vast experience, how our Caribbean
Politicians behave generally - so that when they tell you to stand
up, you get up from wherever and run like hell; and when you see
a promised road, or Hotel, or Airport extension, or any major
development in fact getting off the ground - the first and most
important question jumps out, who is getting what and how much?
All very sad, but all very true. We knew, even before the last
World Cup in South Africa, that we were due to stage the next
event in 2007 in the Caribbean. True enough, in our case in Grenada,
a natural disaster had a major role in our situation.
Nevertheless,
with that reality facing us, our Government still chose to dump
a trusted and reliable friend and benefactor, who was ready and
willing to commence the reconstruction three months after "Ivan"
- and go after an unknown quantity, for very questionable reasons
and motives. With two months of this year almost gone, and with
rainfall unprecedented in our usual "Dry Season",and
the "Rain Season" due to start by end of June -
not to mention "Hurricane Season" - the panic buttons
are being pressed all over the region. In Guyana, Jamaica and
Grenada, the Governments in those territories are depending on
the Chinese to complete their Stadia in time for December 2006,
inspection.
But those
Governments have a whole lot of additional major development projects
to complete - with funds from their own coffers or Treasuries,
to bring the respective stadia into "World-Cup-ready-operation".
In those said countries individual economic plight, the unavoidable,
and perhaps insurmountable, question is looming in their faces
and Consolidated Fund balances like any other pending natural
disaster. I understand that St. Vincent Prime Minister had commented
on the wisdom, or lack of it, of his CARICOM counterparts - who
maybe putting their people and country into a financial noose
that they may not be able to get out of for decades - and the
returns envisaged may well be pie in the sky or mere wishful thinking.
He did not use those exact terms, but words to the effect.
Even the Barbados
Prime Minister, Mr. Owen Arthur, seems very concerned about the
work on his Stadium and the time table - so he has taken over
the various departments functions, and centralise them under his
personal control. In our case in Grenada, concerns are being raised
about the time frame - in the context of the weather situation,
the other jobs to be done outside the Stadium, like the approaching
roads and bridges, the Hospital, the Airport, Hotel rooms and
accommodation for visitors as well as supporting facilities in
restaurants and other eating places.
The whole
idea of staging the World Cup in 2007 would raise some funds in
the period - if all the necessities are in place; but the bigger
picture must be to showcase the region for needy tourism patronage
thereafter. If, therefore, we fail to produce a worthwhile end
product in the areas listed above - the last result may well be
counter productive. It must therefore, in my view, be more sensible
to come clean on the issues involved, be realistic and practical
about the problems facing the country - rather than always coming
out shooting from all angles, and be ever-ready to stage an open
confrontation.
Whatever
the detractors may say about how they see the picture now, and
how they envisage the scenario unfolding later on down the road
- the simple fact remains that whatever will be, will be, and
time will surely tell, in the fullness of time. Far better to
concentrate on doing what is right, saying it as it honestly is,
and maintaining a standard that can be defended later on down
the road - should a defence become necessary.
Opinions
expressed are those of the Authors |